Description

Arbitration is a consensual justice. The actors of international trade expect it, among other advantages, to be able to adapt the procedure to the characteristics of each case taking into account the partiesâ€™ mutual expectations and their cultural origins. Based on consent, a successful arbitration supposes a harmonious cooperation between parties, arbitrators, and others actors of the proceedings, including arbitral institutions. Numerous factors however can negatively affect the arbitration procedure. Excessive aggressiveness of the parties and their counsel, an increase in the number of incidents, importation into arbitration of adversarial techniques peculiar to state litigation, documents inflation, lack of availability of the arbitratorsâ€¦ This conference does not aim to draw up an assessment of arbitrationâ€™s drifts, but aims to think in a prospective way about the means to ensure that arbitration remains a real alternative to state justice, efficient, harmonious and at the same time respectful of the partiesâ€™ rights. In order to do this, one should first think about the duties the different actors of arbitration have towards others. Then, the conference will deal with the means one should implement to ensure a smooth functioning of the arbitral tribunal, before thinking about the challenges arbitral institutions have to cope with. Finally, a debate between arbitrators, counsel, corporate lawyers and arbitral institutions will summarize what has been learnt throughout the day.